Brown v. DeWitt County Jail

District Court, S.D. Texas

Brown v. DeWitt County Jail

Trial Court Opinion

UNITED STATES DISTRICT COURT May 11, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk VICTORIA DIVISION

JASON TRIMAIL BROWN, § § Plaintiff, § § VS. § CIVIL ACTION NO. 6:23-CV-00017 § DEWITT COUNTY JAIL, § § Defendant. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE On April 12, 2023, United States Magistrate Judge Jason B. Libby issued a “Memorandum and Recommendation to Dismiss for Failure to Prosecute” (M&R, D.E. 22). Plaintiff was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 22), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the 1 / 2 Magistrate Judge. Accordingly, Plaintiffs case is DISMISSED without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because of Plaintiff's failure to prosecute and Plaintiff’s failure to attend court settings. ORDERED on May 11, 2023. GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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